LEWIS ENTERS. v. "LEWIS-MARSHALL"


59 Misc.2d 862 (1969)

Kay Lewis Enterprises, Plaintiff, v. "Lewis-Marshall Joint Venture" et al., Defendants.

Supreme Court, Special Term, New York County.

May 21, 1969


Attorney(s) appearing for the Case

Bobrow & Handman (Irving Payson Zinbarg of counsel), for plaintiff. Trause, Saltzman, Perlman & Teplitsky for William Marshall Productions (Jamaica) Ltd., and others, defendants. Gerald V. Murphy for County Clerk of New York County.


IRWIN D. DAVIDSON, J.

Defendants William Marshall Productions have obtained judgment against plaintiff on a counterclaim in the amount of $25,000 plus interest from May 15, 1964. Plaintiff has tendered a check to defendants in the amount of $32,438.35 which includes principal plus interest computed at the rate of 6% per annum. Defendant has refused this tender and plaintiff now moves for an order compelling acceptance.

Defendants allege that acceptance...

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